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DVLA court summons, advice please?
Stressed.com
Posts: 8 Forumite
in Motoring
I've done something clearly very stupid, and I need some advice on what I should do please 
My ex partner bought a car in my name, and insured it in his and so on. He bought it under the pretence he'd teach me to drive although this didn't happen, and he used it daily and also trashed it. He left in February after I discovered he was cheating on me and I essentially fell apart and buried my head in the sand.
Over the summer I realised I needed to get this car off my driveway, someone came to look at it and told me it'd need a lot of work and wasn't really worth it so I decided to scrap it. Wile this was going on I received a letter, and then a reminder about tax/sorn/insurance which I didn't fully understand and stupidly did nothing about, I thought the car was fine as it was taxed and I was clearly not driving it as I don't have a licence.
I had the car scrapped, sent off the bottom form bit they told me to, and that was that. I received a note from them saying they'd received the form bit and I wasn't the owner any more. The I received a fine for the tax/sorn/insurance thing. I returned the letter saying that I'd sold it and enclosed the receipt they'd sent me as proof - however in hindsight they specified that it was that i owned it on a certain date and I do not remember what date it was scrapped - I don't think there could have been even a week or two in it though. I just have no proof.
That was a few months ago, and now I have a court summons for around £2500 for two weeks time
I know I should have dealt with this all better but it wasn't really my car and I had no idea what to do
I'm so stressed and cant sleep, I'm working through a dmp and have no money at all, I didn't have the money for the original fine much less this
it says I have to plead guilty or not guilty, what do I do? I've been so stupid and made such a mess
My ex partner bought a car in my name, and insured it in his and so on. He bought it under the pretence he'd teach me to drive although this didn't happen, and he used it daily and also trashed it. He left in February after I discovered he was cheating on me and I essentially fell apart and buried my head in the sand.
Over the summer I realised I needed to get this car off my driveway, someone came to look at it and told me it'd need a lot of work and wasn't really worth it so I decided to scrap it. Wile this was going on I received a letter, and then a reminder about tax/sorn/insurance which I didn't fully understand and stupidly did nothing about, I thought the car was fine as it was taxed and I was clearly not driving it as I don't have a licence.
I had the car scrapped, sent off the bottom form bit they told me to, and that was that. I received a note from them saying they'd received the form bit and I wasn't the owner any more. The I received a fine for the tax/sorn/insurance thing. I returned the letter saying that I'd sold it and enclosed the receipt they'd sent me as proof - however in hindsight they specified that it was that i owned it on a certain date and I do not remember what date it was scrapped - I don't think there could have been even a week or two in it though. I just have no proof.
That was a few months ago, and now I have a court summons for around £2500 for two weeks time
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Comments
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First of all you need to repost the timeline of events without any of the irrelevant emotional detail and also put what date that they say they're fining you for not complying with SORN.0
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So the car was possibly uninsured from February to the summer when you scrapped it.
No tax OR insurance and it needs to be SORN'd and parked off the road.
Summons for £2500? Thats sounds a bit steep. You may need some legal advice.Censorship Reigns Supreme in Troll City...0 -
I can try a timeline but as I've said I don't have the dates.
1. February 2012 - car on driveway, has MOT and tax though not drive able
2. Summer 2012 - letter regarding tax/sorn, buyer viewing car
3. August 21st - date it was uninsured according to letter
4. Tax expired end September, but car had been gone weeks.
5. October/November, fine letter received, posted back the receipt saying I was no longer owner
6. January 2013 court summons.
Somewhere between 2 and 4 it was scrapped.0 -
I've just tried phoning the Swansea dvla office for some clarification, the lady told me they can't discuss it I have to take it up with the enforcement centre that issued it or the court. It says on the letter the enforcement centre that issued it is Swansea, and the only contact phone numbers I can find are for the standard Swansea dvla.0
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Personally I'd take some legal advice.
Why contact the dvla, have they made some error or is it yours?0 -
I was contacting them hoping to clarify that they'd received the receipt back proving I was no longer the owner, and also to confirm the sale date etc to accurately show this timeline.0
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Stressed.com wrote: »I can try a timeline but as I've said I don't have the dates.
1. February 2012 - car on driveway, has MOT and tax though not drive able
2. Summer 2012 - letter regarding tax/sorn, buyer viewing car
3. August 21st - date it was uninsured according to letter
4. Tax expired end September, but car had been gone weeks.
5. October/November, fine letter received, posted back the receipt saying I was no longer owner
6. January 2013 court summons.
Somewhere between 2 and 4 it was scrapped.
This doesn't make sense. There is no reason you should have received a letter in Summer 2012 if the vehicle WAS taxed at that point.
I'm afraid it sounds to me like the tax expired earlier, and you just ignored the letter. If this is the case, then I think you have little defence.I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say.
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Stressed.com wrote: »I was contacting them hoping to clarify that they'd received the receipt back proving I was no longer the owner, and also to confirm the sale date etc to accurately show this timeline.
Obviously they haven't as it has now gone to court.
You need to face up to facts now and limit the damage when this goes to court.0 -
It was definitely taxed as the tax disc was in the car, it expired in September 2012. The issue is that it wasn't insured and SORN.0
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